How Can You Challenge A Will In India If A Person Dies?

It can be challenge in India only after understanding the legal framework and procedures of contesting a will. Once a person dies, his last will and testament reveal his desires for distribution of his assets. There are some grounds on which Will can be opposing like lack of mental illness, fraud, undue influence, or violation of the Indian Succession Act, 1925. Some of the important laws include the Indian Succession Act, 1925, Hindu Succession Act, 1956, and Muslim Personal Law. The burden of proof remains on the claimant.

What is will?

A will is the legal document which instructs what should be done with a person’s assets, properties, and estate upon his death. The Executor is appointe for managing the will.

What are the grounds on which you can challenge a will?

There are many grounds on which a will can be challenges are as follow:

Causes to Contest a Will

• Death by Undue Influence or Coercion: This involves a case where the deceased was force or coerced to sign that particular will.
• Death by Fraud: Will can be prove to have been forge, or the testator made a false representation concerning the contents or character of the will.
• Testamentary capacity to make a will: Whether the will was make in circumstances which might have been such that the testator was of unsound mind or was suffering from some mental disorder.
• Poor Execution: If the aforesaid will was never prove or not made in legal way as required under the Indian Succession Act, 1925. For example, the will must be sign by the testator and followed by getting signatures of at least two witnesses.
• Revocation: If the will was revoke by the deceased before his death, and another will has never been execute.
• Ambiguity or Lack of Clarity: If the terms of the will are ambiguous and may throw up uncertainty regarding the delineation of the intent behind the provisions.

Process to Contest a Will in the Courts

• In the Civil Court: If you actually wish to contest you have to institute a civil action in the court of the district where the decease person was residing or wherein the will was probate.
• Proceedings of Probate: In case the will is under court proving process, you may be permit to enter the court to present reasons why the will should not be grant. It would depend on the discretion of the court whether it was a valid will or not.

Legal Process to Challenge a Will

• Filling a civil suit: If you want to actually contest you would need to start a civil case in the court of the district where the decease person resided or where the will was probate.
• Probate Proceedings: If the will is undergoing the process of proving (probate) in the court, you can apply to be hear showing why the will should not be grant. The court will then determine whether or not the will is authentic.

Note: Probate is not need as far as a will of the decease Hindu, Buddhists, Jain or Sikh is concern and is require wherever the property includes any immovable property according to the Hindu Succession Act, 1956. But in case of Muslim, Christians and Parsis, there is provision for grant of probate under Indian Succession Act.

Steps to Challenge a Will in Court

• Objection to Probate: If a will is being probate, there is permit for an objection on grounds of subsequent will in terms of section 230 ( form and effect of renunciation of executor ship under the Indian Succession Act, 1925 .
• Petition for Probate or Letters of Administration: You or the executor (anyone that has been name in the will) must apply for the probate from the court of law. To contest, you will have to file an objection to grant of probate.
• Evidence: With regard to the examination of the case, you need to submit witnesses such as friends, doctors if the capacity of the mind was in question or otherwise, and anything which may support the prospects of undue influence or fraud.
• Witnesses: You may call witnesses who would remove that the will was not execute in compliance with the require procedures or that at the time of the making of the will the decease had insufficient capacity to make one.
• Court Hearings: Go to court sessions where arguments are make, and the parties will be giving their side of the story, and calling their witnesses.

Time Limits

• Time to File Objections: That there are no periods of limitations provided for challenging a will under Indian Succession Act is noteworthy. But the earlier the objection is make the better as such lateness may end your claim.
• Time to File a Suit: If you are involve in a suit in the civil court regarding the will, the Limitation Act, 1963 as explain will be use. In general, the time to bring the suit is three years from the time of reading the will or from the time it was probate.

Important Legal Provisions:

• Indian Succession Act, 1925: Responsible for the dealing of the matter of probity and successor ship of will in India.
• Hindu Succession Act, 1956: This Act helps to deal with the succession of Hindus, Buddhists, Jains, and Sikhs.
• Muslim Law: Succession is regulate by personal laws and does not usually involve probate however it is not immune to legal litigation.

Practical Tips:

• Hire a Lawyer: Contesting a will can be a difficult endeavour and may cause an understanding of legal processes incidental to inheritance. To be more effective it’s recommendable to engage the service of a lawyer in estate law.
• Gather Evidence: If you are accusing someone of wrongdoing, gather all documents that would corroborate your claim including; doctors’ reports, bank statements or other witnesses.
• Mediation: The court may recommend that the disputing parties wait or consult with each other for a settlement for this reason, and you should expect this as well.

Landmark case law:

• Narayanamma vs. Puttalu AIR 2014, The Supreme Court held that a will can be challenge on grounds of undue influence, if the testator was vulnerable to manipulation. Proved the significance of proving capacity and free will.
• H. Venkatachalam vs. A. Lakshminarayanan AIR 2009, The Madras High Court held that a will executed by a mentally diseased person is invalid. Emphasises on the use of medical evidence to prove mental capacity.

Conclusion

Contesting wills is a complicated legal process and could easily take months, even years and more.  Challenging a will in India requires evaluating grounds, laws, and procedures. Contests arise from lack of mental capacity, undue influence, fraud, or misrepresentation. Successful challenges lead to invalidity declaration, revocation, or asset redistribution. Time limits range from 3-7 years, with the burden of proof on the challenger. Expert legal advice is crucial to navigating complex procedures and asserting rights effectively in succession law disputes.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtaine at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.